Austin Drunk Driving Accident Attorneys
Injured by a Drunk Driver Accident in Austin, TX?
With hundreds of marketing campaigns and enforcement agencies cracking down on drunk driving, it may surprise many people to know that drunk driving is still a very serious problem in the U.S. Unfortunately, the reality is that drunk drivers cause serious car accidents all too often, forcing innocent people to suffer for their reckless actions.
At the Law Offices of Vic Feazell, P.C., we understand how devastating being the victim of such an accident in Austin can be. However, victims of drunk drivers and their families should know that these negligent drivers can be held accountable for the physical, emotional, and financial repercussions they cause.
Discuss the details of your case during a free initial consultation: Call (254) 938-6885
Drunk Driving Laws in Texas
Proving Liability in a Drunk Driving Accident in Austin
To prove negligence in an accident involving a drunk driver in Texas, you must establish the following four legal elements:
- Duty of Care: Show that the drunk driver had a legal duty to operate their vehicle safely and follow traffic laws.
- Breach of Duty: Prove that the driver breached that duty by driving under the influence, which is inherently reckless and illegal.
- Causation: Demonstrate that the driver’s intoxicated state directly caused the accident and your resulting injuries or damages.
- Damages: Provide evidence of actual harm—such as medical bills, lost wages, or pain and suffering—caused by the accident.
DUI arrest records, BAC test results, witness statements, and police reports can all help establish these elements in a civil claim.
Two Kinds of Lawsuits Can Be Filed
While many people are aware that drunk drivers can face criminal charges and penalties after driving under the influence, far fewer are aware that these drivers and the institutions that negligently served them can also be held civilly liable.
While filing a lawsuit against a driver charged with a DUI or DWI only involves the driver in the situation, a dram shop liability claim contends that a person or business provided the inebriated individual with alcohol when there were clear signs of intoxication.
Recovering Compensation for a Drunk Driving Accident
Even as you are just beginning to recover from the initial trauma you sustained in the accident, there is a good chance you are already dealing with some of the more overwhelming financial burdens that come to be associated with your injuries.
Bearing that in mind, our legal team in Austin can help you pursue the compensation you will need to offset the following:
- The full cost of any medical care you undergo
- The amount of income you lose while recovering
- Any diminishment to quality of your life
Our legal team in Austin understands that this is likely to be a difficult time for you and your family right now, and we can help you pursue legal action against the party responsible for the drunk driving accident so that you can put this legal matter behind you once and for all.
Drunk Driving Accident FAQs
What should I do immediately after being hit by a drunk driver in Austin?
Call 911 to report the accident, seek medical attention, and get a police report. If safe, take photos of the scene and collect witness information. Then, contact a personal injury attorney experienced with drunk driving accidents.
Do I need to prove the driver was drunk to win my claim?
Not necessarily. If the driver was arrested or tested over the legal BAC limit, that can strongly support your case. However, any evidence of impaired driving—erratic behavior, open containers, witness accounts—can help establish negligence.
What if the drunk driver was uninsured or underinsured?
You may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if you carry it. An attorney can help explore all available insurance options.
Is there a time limit to file a drunk driving accident claim in Texas?
Yes. The statute of limitations in Texas is generally two years from the date of the accident. It’s crucial to act quickly to preserve evidence and protect your legal rights.
Will the drunk driver’s criminal case affect my personal injury claim?
The criminal case is separate, but a DUI conviction can strengthen your civil case. However, you can still pursue compensation even if the driver is not convicted.
Can I still recover damages if I was partially at fault?
Texas follows a modified comparative negligence rule. As long as you were less than 51% at fault, you can still recover damages—though your compensation will be reduced by your percentage of fault.
Do I need a lawyer for a drunk driving accident claim in Austin?
It’s highly recommended. Our Austin drunk driving accident attorney can gather evidence, negotiate with insurers, and fight for the full compensation you deserve—especially in cases involving serious injuries or disputed liability.
Pursuing Fair Compensation for Injured Individuals
As the victim of a drunk driver, you are likely facing a difficult recovery. At the Law Offices of Vic Feazell, P.C., our Austin personal injury lawyers believe the victims of such accidents deserve fair compensation and justice after being so unduly harmed. If we don’t recover compensation for your claim, you don’t have to pay us a dime under our contingency fee policy.
Speak with us today to find out how we might be able to help you in the aftermath of a drunk driving accident.
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